James Menton

My practice focuses on all types of fiduciary disputes, creditor’s rights and remedies, and corporate restructuring and bankruptcy matters. I have decades of experience in areas that include insolvency-related matters, including complex corporate bankruptcies, distressed-debt litigation and complex collection matters. With my experience, I am well situated to advise debtors, committees, secured creditors, unsecured creditors, fiduciaries, trustees, liquidating trustees, receivers, distressed debt traders, asset acquirers and other parties. I am dedicated to employing strategies to protect client rights and interests and maximize recoveries. My experience includes matters involving: • Corporate bankruptcy-related litigation • Asset recovery, asset protection, asset purchase agreements and sales • Corporate insolvencies • Creditor’s rights and remedies • Shareholder rights • Private equity and investment funds • Commercial and contract disputes • Director and officer liability • Fiduciary litigation • Lender liability issues • Confirmation of plans of reorganization • Preference and fraudulent conveyance claims • Clawback litigation • Recharacterization and equitable subordination of claims • Aiding and abetting misconduct • Bankruptcy sales • Enforcement of judgments, orders, and arbitral awards In addition, I advise and assist clients on matters concerning director and officer liability and claims. My services and background include advising on fiduciary duties and director and officer liability insurance coverage, accessing director and officer insurance coverage in bankruptcy, acting on civil claims for breach of fiduciary duty, fraud, fraudulent transfers and other claims on behalf of the prosecuting or defending party, and providing full inquiry and analysis, as requested concerning director and officer liability, financial transactions and potential claims. I also have experience in estate planning issues and representing clients, including high net worth individuals and families, closely-held companies, foundations, trustees, fiduciaries and others, in pre-litigation advice and assessment and in litigation involving matters that include valuation disputes, claims for breach of fiduciary duty, fraudulent transfer claims and trust-related commercial disputes. With my experience, I can evaluate the client's investment and loan documentation and, if issues exist, recommend ways to address them, including non-litigation resolution and litigation strategies.